New Jersey Emancipation of Minor Law

Minors – Emancipation of Minor – New Jersey

§55:14L-1. Findings, declarations

1. The Legislature finds and declares that:

a. Many adults living with human immunodeficiency virus (HIV) or who have been diagnosed with acquired immune deficiency syndrome (AIDS) in New Jersey are currently homeless or at risk of homelessness. These persons would benefit greatly from a supportive housing program which coordinates community support services, including case management, counselling, assistance with tasks of daily living and medical treatment, while also providing shelter and services to their immediate families on a permanent basis;
b. Many existing State programs do not have the resources necessary to provide a supportive housing program which accommodates the need for a continuum of care for persons living with HIV or AIDS and support for their immediate families;
c. The inadequate supply of affordable supportive housing for persons living with HIV or AIDS results in excess health care costs, hinders the ability of service providers to deliver the most cost efficient services to such persons, and frequently leads to the premature placement of dependent children into the child welfare system;
d. The Scattered Site AIDS Permanent Housing Program in the New Jersey Housing and Mortgage Finance Agency will be administered by the agency in cooperation with the New Jersey Department of Health, the New Jersey Department of Human Services, the AFL-CIO Housing Investment Trust, and the United States Department of Housing and Urban Development to provide housing opportunities for persons with HIV or AIDS, and their families; and
e. In order for these persons to continue to live independently, it is only fitting and proper that this program be established in law and be provided with the resources necessary to carry out its vital work.

L.1995,c.75,s.1.

55:14L-2. Definitions

2. As used in this act, unless a different meaning clearly appears from the context:

“Agency” means the New Jersey Housing and Mortgage Finance Agency.

“Emancipated minor” means a person who is under 18 years of age, but who has been married, has entered military service, has a child or is pregnant, or has previously been declared by a court or an administrative agency to be emancipated.

“Immediate family” means the participant’s spouse or partner, dependent children, parent or caregiver.

“Participant” means a person who is eligible to receive housing and services for himself and his immediate family in the Scattered Site AIDS Permanent Housing Program. To be eligible a participant must be:

a. Over the age of 18, or an emancipated minor;
b. Certified in writing by a medical professional as being HIV positive or having AIDS;
c. Eligible for a housing subsidy under section 8 of the federal Housing Act of 1937, 42 U.S.C. s.1437f;
d. Homeless or at risk of homelessness and in need of permanent, affordable housing and support services in order to maintain an independent and healthy lifestyle; and
e. Willing to abide by certain stated program regulations.

“Project” means the part of the program that is developed, operated and maintained by a particular sponsor.

“Scattered Site AIDS Permanent Housing Program” or “program” means the supportive housing program of the New Jersey Housing and Mortgage Finance Agency which has been designed for participants with HIV or AIDS and their immediate families.

“Sponsor” means a nonprofit organization which was selected as a partner in the development and ongoing operation of a project of the program in the request for proposal process executed by the New Jersey Housing and Mortgage Finance Agency in May, 1994.

“Supportive housing” means permanent affordable housing for participants and their immediate families combined with certain services as determined by individual needs, which may change over time.

Note: To review the requirements for judicial emancipation, please see Bishop v. Bishop, 287 N.J. Super. 593; 671 A.2d 644 (1995).


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